• Abstract and Figures
• Public Full-text

PERMANENT COUNCIL OF THE OEA/Ser.K/XVI ORGANIZATION OF AMERICAN STATES GT/DADIN/doc.9/01 12 January 2001 COMMITTEE ON JUDIRICAL AND POLITICAL AFFAIRS Original: Spanish

Working Group to Prepare the Proposed American Declaration on the Rights of Indigenous Populations

WORKING DOCUMENT COMPARING THE PROPOSED AMERICAN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES (APPROVED BY THE IACHR IN MARCH 1997) AND THE PROPOSALS MADE BY STATES AND INDIGENOUS REPRESENTATIVES AT OAS MEETINGS IN 1999 INTRODUCTION

This document is a joint effort by the Chair of the Working Group to Prepare the Proposed American Declaration on the Rights of Indigenous Populations and the Executive Secretariat of the Inter-American Commission on Human Rights (IACHR), through the specialist for this topic, Dr. Oswaldo Kreimer.

The purpose is to facilitate the discussions of the Working Group and to provide basic information on the progress of the draft over time, on which parts of the text have been agreed upon, and on which still remain the subject of some disagreement.

The document is intended to guide the efforts of the Working Group as the member states analyze and discuss the text and present proposals in those areas on which a consensus has yet to be reached.

To that end, it is organized in three columns. The first contains the original texts presented by the IACHR. The second contains alternative proposals presented by member states. The third contains comments, observations, and alternative proposals presented by representatives of indigenous populations.

In keeping with the method adopted by the Working Group, the major differences proposed by member state representatives and indigenous representatives are indicated in the second and third columns as follows:

 Square brackets: proposals on which consensus has not been reached.  Parentheses (round brackets): alternative proposals, presented by states, on which partial or total agreement might easily be reached.  Normal typeface: original proposal by IACHR has been retained.  Bold type: phrases not agreed upon. WORKING DOCUMENT COMPARING THE PROPOSED AMERICAN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES (APPROVED BY THE IACHR IN MARCH 1997) AND THE PROPOSALS MADE BY STATES0 AND INDIGENOUS REPRESENTATIVES AT OAS MEETINGS IN 1999*

 Made at the meetings of the Government Experts Group in Washington, February 1999 (which included an initial reading of the preamble) and the meeting of the OAS Permanent Council’s Working Group to Prepare the Proposed American Declaration on the Rights of Indigenous Populations in Washington, November 1999 (which included an initial reading of the articles).

This document was prepared by the Executive Secretariat of the IACHR at the request of the Chair of the Working Group, December 2000. The texts have been taken from the Working Group’s document GT/DADIN/doc.1.99 rev. 1 corr. 1. - 2 -

Original Proyect CIDH Working Group Nov. 99 (STATES) GT Nov. 99 Indigenous Proposed PROPOSED AMERICAN DECLARATION PROPOSED AMERICAN DECLARATION ON THE RIGHTS ON THE RIGHTS OF INDIGENOUS OF INDIGENOUS POPULATIONS PEOPLES The member states of the Organization of American States (hereafter the states), (Approved by the Inter-American Commission on Human Rights on February 26, 1997, at its 1333rd session, 95th regular session)

PREAMBLE [RECOGNIZING that the rights of indigenous [peoples/populations] constitute a [Recalling that the indigenous fundamental and profoundly significant issue in the present and future history of [peoples/populations] of the 1. Indigenous institutions and the the Americas]; Americas are preexisting, strengthening of nations distinctive, and integral societies 1. Indigenous institutions and the strengthening of nations and that they have a right to The member states of the OAS (hereafter constitute part of the national the states), [Recognizing that indigenous [peoples/populations] form an integral part identity of the countries they of the population of the Americas and that their values and cultures are inhabit]; Recalling that the indigenous peoples of inextricably linked to the identity both of the countries they live in and of the Americas constitute an organized, the region as a whole] [Recalling that throughout the Americas the distinctive and integral segment of their indigenous [peoples/populations] constitute a distinctive element within population and are entitled to be part of society, and have a special role to play in defining the national identity, the national identities of the countries of strengthening the institutions of the state and achieving national unity the Americas, and have a special role to based on democratic principles] play in strengthening the institutions of the state and in establishing national unity [Recognizing the immense contribution of indigenous [peoples/populations] to based on democratic principles; and, the development and multicultural composition of our societies and reiterating our commitment to their economic and social well-being, as well as to the obligation to respect their rights and cultural identity];

[Recalling that the indigenous [peoples/populations] of the Americas are equal in dignity and rights to all other citizens;]

[Asserting that indigenous [peoples/populations] are equal in dignity and rights to all other [peoples/populations], while recognizing their right to be different, to be considered different, and to be respected as such];

Further recalling that the presence of indigenous societies enriches the cultural heritage and national identities of the American states and contributes to the - 3 -

intellectual, artistic, social, and economic vitality of the Americas;]

Further recalling that some of the Further recalling that some of the democratic institutions and concepts democratic institutions and concepts embodied in the constitutions of the American states stem from institutions of embodied in the constitutions of American the indigenous [peoples/populations], and many of their present participatory states originate from institutions of the systems for decision-making and for authority contribute to improving indigenous peoples, and that in many democracies in the Americas; instances their present participatory systems for decision-making and for [Recalling the important contributions indigenous [societies] [peoples/populations] authority contribute to improving have made to the development of many of the political concepts and democratic democracies in the Americas. principles embraced by American states;]

[Recognizing that indigenous [societies] [peoples/populations] have a vital and continuing role to play in strengthening the institutions of American states and achieving national unity in accordance with democratic principles;]

Recalling the need to develop their national [Mindful of the need to [develop] [strengthen] national juridical juridical systems to consolidate the systems [and policies] in order to consolidate the multiplicity of pluricultural nature of our societies. cultures [, ethnic groups, and languages] in our societies;

3. Indigenous culture and ecology 3. Indigenous culture and ecology * It has been proposed that this section be moved to the operative part. Recognizing the respect for the Recognizing the respect for the environment accorded by the cultures of environment accorded by the cultures of indigenous [peoples/populations] of the Americas, and considering the special indigenous peoples of the Americas, and relationship between those [peoples/populations] and the environment, the considering the special relationship lands, the resources, and the territories in which they live; between the indigenous peoples and the environment, lands, resources and territories on which they live and their natural resources. - 4 -

4. Harmonious Relations, Respect 4. Harmonious relations, respect, and the absence of discrimination and the Absence of Discrimination Reiterating the responsibility incumbent upon all states to combat racism and all Reaffirming the responsibility of all states forms of racial discrimination with a view to eliminating them [AGREED ad and peoples of the Americas to end racism referendum]; and racial discrimination, with a view to establishing harmonious relations and respect among all peoples.

5. Territories and Indigenous 5. [Territory] [cultural territory] [habitat] and indigenous survival Survival (* It has been proposed that this section be moved to the operative part. Recognizing that in many indigenous ** It has been proposed that the subtitle be deleted or that the word cultures, traditional collective systems for "territory" be deleted or replaced.) control and use of land, territory and resources, including bodies of water and Recognizing that for many indigenous [peoples/populations], their various coastal areas, are a necessary condition for traditional systems for the use and control of their lands and other resources are their survival, social organization, necessary conditions for their development and individual and collective well- development and their individual and being. [AGREED ad referendum]; collective well-being; and that the form of such control and ownership is varied and Recognizing that for many indigenous cultures their traditional collective systems distinctive and does not necessarily for the use and control of land, territories, resources, waters, and coastal areas are coincide with the systems protected by the necessary conditions for their survival, social organization, development, and domestic laws of the states in which they individual and collective well-being [differ from those followed by other live. members of the population] [and that those systems of control [and dominion] [may be] [are] varied, specific to them, and not necessarily consistent with systems protected by ordinary law in the states in which they reside];

Further recognizing the importance for all humankind of preserving indigenous American cultures, which may include traditional collective forms of land ownership, social organization, and religious practices different from those followed by other members of the population;

6. Security and indigenous areas Eliminated - 5 -

Reaffirming that the armed forces in indigenous areas shall restrict themselves to the performance of their functions and shall not be the cause of abuses or violations of the rights of indigenous peoples.

7. Human Rights instruments and other 6. Human rights instruments and other advances in international law advances in international law Recognizing the paramountcy of the American Declaration of the Rights and Recognizing the paramouncy and Duties of Man, the American Convention on Human Rights and other human applicability to the states and peoples of rights instruments of inter-American and international law; and the Americas of the American Declaration of the Rights and Duties of Man, the [Recognizing the [applicability/relevance] throughout the Americas of the American Convention on Human Rights and American Declaration of the Rights and Duties of Man, and, where [duly other human rights instruments of inter- ratified/appropriate], other international human rights instruments, including the American and international law; and American Convention on Human Rights;

Recognizing that indigenous peoples are a Reiterating the universal, indivisible, and interdependent nature of the human subject of international law, and mindful of rights and fundamental freedoms recognized by the international community. the progress achieved by the states and [AGREED ad referendum]; indigenous organizations, especially in the sphere of the United Nations and the International Labor Organization, in several international instruments, particularly in the ILO Convention 169.

Affirming the principle of the universality and indivisibility of human rights, and the application of international human rights to all individuals.

8. Enjoyment of Collective Rights Eliminated

Recalling the international recognition of rights that can only be enjoyed when exercised collectively.

9. Advances in the provisions of national 7. Advances in the provisions of national instruments and different national instruments situations - 6 -

Noting the constitutional, legislative and [Bearing in mind the diversity of circumstances in different countries and the jurisprudential advances achieved in the varying degrees of impact of indigenous communities in the different states, as Americas in guaranteeing the rights and well as the constitutional, legislative, and jurisprudential progress made in the institutions of indigenous peoples. Americas in securing the rights and institutions of indigenous [peoples/populations], in order to consolidate the multiplicity of cultures, ethnic groups, and languages in our societies [APPROVED ad referendum];

Empty 8. The situation of indigenous [peoples/populations] and specific circumstances in each country

Bearing in mind the foregoing paragraph, this Declaration should be interpreted and applied in harmony and in keeping with current legal systems in the member states and their international commitments;

Bearing in mind that this Declaration must be consistent with legal systems in force in member states and with their international commitments;

* Note: The following proposals do not belong under subheading No. 8

Recognizing that indigenous [peoples/populations] and their societies have a vital role in [sustainable development and that their know-how and traditional practices must be respected];

Encouraging states to recognize the identity, culture, and interests of indigenous [peoples/populations] and their communities and make possible their effective participation in the achievement of sustainable development [AGREED ad referendum];

Recalling the commitment undertaken by the Heads of State and Government in the Declaration of Principles of the First Summit of the Americas, held in December 1994 in Miami, and at the Summit of the Americas on Sustainable Development, held in Santa Cruz de la Sierra in December 1996, and reaffirmed in the Plan of Action of the Second Summit of the Americas, held in April 1998 in Santiago, Chile;

Desiring to promote and strengthen international cooperation with respect to the economic, cultural, and social development of indigenous [peoples/populations]; [AGREED ad referendum]

Recognizing the severe poverty in which many indigenous people live in many parts of the Americas and the commitment made by the Heads of State and - 7 -

Government at the 1994 Summit of the Americas to focus their energies on improving the exercise of democratic rights and the access to social services by indigenous people and their societies;

DECLARE: DECLARE: 1 Several representatives of indigenous populations indicated that SECTION ONE. INDIGENOUS PEOPLES SECTION ONE. DEFINITIONS it would not be appropriate for states to define the concept of “indigenous populations," this being the sole Article I. Scope and definitions For the purposes of the present Declaration, it shall be understood that, province of the communities (Guatemala) involved. Self-identification, as an 1. This Declaration applies to indigenous essential criterion for the recognition peoples as well as peoples whose social, Article I. Indigenous [peoples/populations]1 are understood to be a group of of an indigenous people, is not cultural and economic conditions individuals who, within the National State, retain basic distinctive traits from a subject to any obligation. No term distinguish them from other sections of the culture that existed prior to European colonization, such as language; practices could encompass the multiplicity and national community, and whose status is and customs; social, economic, cultural, and political institutions; and whose variety of such communities existing in the Hemisphere. They indicated members consider themselves to be part of that indigenous culture. (Chair) regulated wholly or partially by their own that they were neither ethnic customs or traditions or by special laws or minorities nor racial minorities nor regulations. Indigenous [peoples/populations] are understood to be those social and cultural populations (the latter term referring groups which, within National States, retain basic distinctive traits from a culture to communities not necessarily 2. Self identification as indigenous shall be that existed prior to the establishment and constitution of the Nation-State, such invested with historical continuity). regarded as a fundamental criterion for as language; normative systems; social, economic, cultural, and political They defined themselves as peoples, determining the peoples to which the institutions or a part thereof; and who self-identify and are recognized as or collective, autonomous entities, with age-old languages, whose provisions of this Declaration apply. members of that indigenous culture. (Mexico) organization, shaped by lands, waters, forests, and other natural 3. The use of the term "peoples" in this The use of the term “[peoples/populations]” in this Declaration shall not be resources, afforded them a special Instrument shall not be construed as construed as having any implication concerning other rights that might be world view and a unique social having any implication with respect to any associated with the term under international law. (Brazil) structure ensuring their continuity. other rights that might be attached to that term in international law. The representatives of indigenous populations indicated that the progress made, both at the level of national law and in the efforts of multilateral organizations, show that discussions have focused on the content of the rights of indigenous communities rather than on attempts to arrive at some sort of definition. They said it was important here to preserve references to their collective rights, since their individual rights were already enshrined in numerous instruments of international law. They concluded that the term “people” should remain in the draft Declaration, and that, - 8 -

should it not, examining the subsequent articles would be meaningless. “Indigenous people have the collective and individual right to maintain and develop their identities and specific characteristics, including the right to identify themselves as indigenous and to be recognized as such.” (National Congress of American Indians)

Empty Article II 2. The representatives of indigenous populations indicated that the terms a. “Self-determination”2 is understood to mean the ability of “people” and “self-determination” indigenous [peoples/populations] to exercise their forms of political, could not be separated, and that the latter accorded political status, as economic, social, and cultural organization within a framework of well as economic, social, and cultural autonomy and self-government compatible with the national unity of rights, which the indigenous the State. communities could not relinquish, since these constituted a historical a. “Self-determination” is understood to mean the ability of right that had been wrested from indigenous [peoples/populations] to exercise their forms of political, them. They also stated that "self- economic, social, and cultural organization within a framework of determination" could not be defined by those outside the community in autonomy and self-government compatible with the organizational question, this being the exclusive structure of each State. (Brazil) province of that community. Self- determination was a right of a. “Self-determination” is understood to mean the ability of indigenous peoples, while indigenous [peoples/populations] to freely develop and exercise their sovereignty pertained to the state. forms of political, economic, social, and cultural organization; and to In no way was self-determination guarantee their access to the State jurisdiction, within a framework of meant to infringe upon the territorial autonomy and self-government compatible with the national unity and integrity of the state. The intent was, rather, to enhance national juridical organization of the States. (Mexico) unity, to secure recognition of the existence of such communities, “Indigenous peoples have the right to self-determination. They invested with a distinct and special may freely determine their political status and pursue their economic, world vision, within the context of social, and cultural development by virtue of this right.” (National existing states. The right to secede Congress of American Indians) was not the aim. Genuine autonomy must be built upon a pluralist b. This framework of autonomy of self-government finds legal foundation, with due recognition of the indigenous communities' own expression in areas and at levels where indigenous institutions. Such autonomy was one [peoples/populations], in accordance with national legislation, exercise way to exercise self-determination - 9 - their forms of political, economic, social, and cultural organization. within a state.

Article III 3 On the concept of "territory," the representatives of indigenous populations said this was deeply “ Territory”3 is understood to mean the entire habitat, including the lands on connected with their spirituality, their which indigenous [peoples/populations] are settled or which they enjoy in some culture, their language, their way of fashion, with the modalities established under national legislation. life, and their relationship with the environment, and thus it was “Lands” are understood to mean the entire habitat, including the lands on which important that the term remain in indigenous [peoples/populations] are settled or which they enjoy in some the draft Declaration. Land, in fashion, with the modalities established under national legislation. (Peru, Western culture, was something to Argentina) be worked, a source of wealth subjugated to commerce. For the indigenous peoples, it was an “Lands” are understood to mean those areas of land which indigenous peoples element of their very lives, a factor in may own or have exclusive use of. (Canada) their existence as a group or community within an integrated “Territories” are understood to be those areas which indigenous peoples do not world view that included their own and do not have exclusive use of, but where they may conduct their traditional approaches to political traditional lifestyles, in accordance with domestic law or agreement. (Canada) representation. The concept of territory was vital to defining all the

4 rights of indigenous peoples. Article IV Moreover, the term "lands" could not sufficiently express that reality. None of these definitions shall be interpreted to have the meaning that might be However, since the populations had attributed to them in general international law. developed such a diverse range of approaches to territorial relations, any attempt to define the word "territory" would impose limitations on the traditional rights of indigenous communities.

4 The representatives of indigenous populations also called upon governments to include in their domestic legislation the three concepts discussed in this section, that is, “peoples,” “territory,” and “self- determination,” recognizing thereby the diversity of these communities. - 10 -

SECTION TWO. HUMAN RIGHTS SECTION TWO. HUMAN RIGHTS

Article II. Full observance of human rights Article II.Full observance of human rights

1. Indigenous peoples have the right to the 1. Indigenous [peoples/populations] are entitled to the full and full and effective enjoyment of the human effective enjoyment of the human rights and fundamental freedoms recognized in rights and fundamental freedoms the OAS Charter, the American Declaration of the Rights and Duties of Man, the recognized in the Charter of the OAS, the American Convention on Human Rights, and other international human rights American Declaration of the Rights and instruments; and nothing in this Declaration shall be construed as in any way Duties of Man, the American Convention on limiting, restricting, or denying those rights or authorizing any action not in Human Rights, and other international accordance with the principles of international law, including that of human rights. human rights law; and nothing in this Declaration shall be construed as in any 1. Indigenous individuals have the right to the full and way limiting or denying those rights or effective enjoyment of the human rights and fundamental freedoms recognized authorizing any action not in accordance in the Charter of the OAS, the American Declaration of the Rights and Duties of with the instruments of international law Man, and, where duly ratified, other international human rights instruments, including human rights law. including the American Convention on Human Rights; nothing in this Declaration shall be construed as in any way limiting, [restricting,] or denying those rights or authorizing any action not in accordance with the relevant instruments of international law, including human rights law. (United States)

2. Indigenous peoples have the collective 2. Indigenous [peoples/populations] have the collective rights that are “ States shall therefore rights that are indispensable to the indispensable for full enjoyment of the individual human rights of their members. recognize the basic social, enjoyment of the individual human rights of Accordingly, the states recognize the right of indigenous [peoples/populations] economic, political, and their members. Accordingly the states inter alia to collective action; (to their social, political, and economic organization;) cultural rights of indigenous recognize inter alia the right of the (to recognition of their sets of rules;) to their own cultures; to profess and practice peoples, and in particular, the indigenous peoples to collective action, to their spiritual beliefs, and to use their languages. collective right to lands, their cultures, to profess and practice their territories, and resources, and spiritual beliefs, and to use their languages. 2. Indigenous individuals may exercise their rights, including those the right of indigenous peoples as set forth in this Declaration, individually as well as in community with to self-determination.” others, without discrimination. Indigenous individuals have a right to be (National Congress of free from discrimination based upon their asserted [Tr. Spanish text says American Indians) “established”] indigenous status or membership in an indigenous society. (United States) - 11 -

3. The states shall ensure for indigenous 3. The states shall guarantee all indigenous [peoples/populations] peoples the full exercise of all rights, and the full exercise of their rights, and shall adopt–in accordance with their shall adopt in accordance with their constitutional provisions–such legislative or other measures as may be constitutional processes such legislative or necessary to give effect to the rights recognized in this Declaration (, in other measures as may be necessary to accordance with their practices and customs). give effect to the rights recognized in this Declaration. 3. States should, in accordance with international law, take concerted positive steps to ensure respect for all human rights and fundamental freedoms of indigenous individuals, on the basis of equality and non-discrimination, and recognize the value and diversity of their distinct identities and culture. (United States)

4. States are encouraged to remove any impediments to the free exercise and full enjoyment of these rights. (United States)

Article III. Right to belong to indigenous Article III. Right to belong to indigenous [peoples/populations] peoples Indigenous persons and communities have the right to belong to Indigenous peoples and communities have indigenous [peoples/ populations], in accordance with the traditions and customs the right to belong to indigenous peoples, of the [peoples/populations] or nation concerned. in accordance with the traditions and customs of the peoples or nation States should recognize the authority of indigenous concerned. [peoples/populations] to exercise autonomy in determining membership, consistent with international human rights. (United States

Article IV. Legal status of communities Article IV. Legal status “States shall recognize the right of indigenous peoples in law in Indigenous peoples have the right to have Indigenous [peoples/populations] have the right to have their legal keeping with their traditional forms their legal personality fully recognized by status fully recognized by the states within their legal systems. of representation or such legal the states within their systems. norms as these peoples may States should provide appropriate mechanisms to extend legal status to develop. States shall adopt the [recognize the legal status of] indigenous entities [peoples/populations], enabling necessary legislative measures for such [peoples/populations] to operate corporately, or in other comparable the recognition of this right.” effective form, under State law. (United States) (Hector Huertas from Panama) - 12 -

Subject to the specific provisions of each country’s legislation, states shall Mr. Juan León, indigenous ensure that legal status is granted to indigenous [peoples/populations], representative of the Mayan people communities, and organizations. (Brazil, Chile, Argentina) of Guatemala, suggested that the title of Article 4 be “Legal The traditional authorities of indigenous peoples, elected according to recognition of indigenous peoples” their practices and customs, shall have the power to represent these (which includes existence, identity, [peoples/populations] and to act in a legal capacity on their behalf. (Bolivia) and law), which distinguishes between the right of an entity in law and its legal capacity. Mr. Margarito Ruiz of Mexico requested that reference to “traditions” be included in the article.

Article V. No forced assimilation Article V.Rejection of forced assimilation The National Congress of American Indians also proposed replacing the 1. Indigenous peoples have the right to 1. Indigenous [peoples/populations] have the right to freely maintain, present wording of Article 5 of the freely preserve, express and develop their express and develop all aspects of their cultural identity, untrammeled by any proposed declaration with the cultural identity in all its aspects, free of attempt at assimilation. following: any attempt at assimilation. 1. Indigenous people [people/populations] have the right to maintain their “ Indigenous peoples have the 2. The states shall not undertake, support distinct cultures, beliefs, religions, and languages, subject to reasonable collective and individual right not or favour any policy of artificial or enforced regulation consistent with international standards. (United States) to be subjected to ethnocide or assimilation of indigenous peoples, cultural genocide, including the destruction of a culture or the possibility of 2. The states shall not (undertake, support, or favor) (should not adopt, right to prevention of and the extermination of any indigenous support, or favor) any policy of artificial or forced assimilation of indigenous reparation for: peoples. [peoples/populations], destruction of (their) (a) culture or possibly of the extermination of an indigenous [people/population](and its heritage). a. Any act whose purpose or effect is to deprive indigenous peoples of 2. States shall refrain from adopting any measure that would result in the their integrity as unique peoples, forced assimilation of indigenous [people/populations], and from supporting or their cultural values, or their theories or taking actions that entail discrimination, destruction of a culture, or ethnic identity; the possibility of genocide. (Brazil) b. Any act whose purpose or effect is to deprive them of 2. States repudiate any attempt at artificial or forced assimilation, and the their territories or natural destruction, of an autochthonous culture, and shall guarantee effective exercise of resources; the previously mentioned right. (Paraguay) c. Any type of displacement whose purpose or effect is the violation or prejudice of any of their rights; d.Any type of assimilation by or integration into other cultures or lifestyles imposed through legislative, administrative, or other - 13 -

measures; e. Any type of propaganda directed against them.” Article VI. Special guarantees against Article VI. Special guarantees against discrimination Finally, regarding Article 6 of the discrimination proposed declaration, the National 1. Indigenous [peoples/populations] have the right to such (special Congress of American Indians 1. Indigenous peoples have the right to guarantees) (have recourse to the guarantees contemplated under domestic proposed replacing the phrase special guarantees against discrimination legislation) against discrimination as may be required for full enjoyment of “special guarantees” with “special that may have to be instituted to fully enjoy internationally and nationally recognized human rights, and to any measures measures.” internationally and nationally-recognized necessary to enable indigenous women, men and children to exercise their civil, human rights; as well as measures political, economic, social, cultural and (religious) (spiritual) rights (and their “ The states shall adopt the necessary to enable indigenous women, cosmovisions) (without any discrimination). The states recognize that violence measures necessary to prevent men and children to exercise, without any used against persons because of their (race, creed) gender or age (or political or discrimination, ethnocide, and discrimination, civil, political, economic, religious affiliation) obstructs and nullifies the exercise of those rights. cultural genocide in indigenous social, cultural and spiritual rights. The 1. Where circumstances warrant, States should take measures to enable populations.” (Altepetls Nahuas, states recognize that violence exerted indigenous individuals to exercise fully and effectively all their human rights and A.C./Seminario Indígena) against persons because of their gender fundamental freedoms without any discrimination. States are encouraged to and age prevents and nullifies the exercise take “special measures” aimed at the immediate, effective, and continuing of those rights. improvement of indigenous economic and social conditions. (United States)

2. Indigenous peoples have the right to 2. Indigenous [peoples/populations] have the right to full participation in the fully participate in the prescription of such prescription (and exercise) of such guarantees. guarantees. 2. All rights and freedoms herein are equally guaranteed to indigenous women and men. States recognize that gender-based violence impedes and undermines the exercise of those rights. (United States)

SECTION THREE. CULTURAL SECTION THREE. CULTURAL DEVELOPMENT DEVELOPMENT

Article VII. Right to Cultural integrity Article VII. Right to cultural integrity

1. Indigenous peoples have the right to 1. Indigenous [peoples/populations] have the right to their their cultural integrity, and their historical cultural integrity, [and their historical and archeological heritage,] which and archeological heritage, which are are important both for their (continuity as a society) (survival) and for the important both for their survival as well as identity of their members. for the identity of their members. 1. States should respect the cultural integrity of indigenous 2. Indigenous peoples are entitled to [peoples/populations], their relationship with their own lands and environment, restitution in respect of the property of as well as their historical and archaeological heritage, which are important to the which they have been dispossessed, and identity of the members of their groups and their ethnic survival. (United States) where that is not possible, compensation on a basis not less favorable than the [2. Indigenous [peoples/populations] are entitled to the restitution - 14 - standard of international law. of property of which they have been dispossessed, [or, when that is not possible, to compensation on a basis no less favorable than the standard recognized by 3. The states shall recognize and respect international law.]] indigenous ways of life, customs, traditions, forms of social, economic and political Brazil suggests eliminating paragraph 2. organization, institutions, practices, beliefs and values, use of dress, and languages. 2. Indigenous [peoples/populations] have the right to own their heritage and to restitution if they have been dispossessed of it.(Mexico) 2. States should provide an effective legal framework for the protection of indigenous culture, including, where appropriate, mechanisms for the repatriation of cultural property. (United States)

3. The states recognize and (respect) (promote respect for) indigenous lifestyles, customs, traditions, forms of social organization, institutions, practices, (beliefs, values), (cosmovisions) clothing, and languages.

3. States should take appropriate measures to prevent discrimination based on indigenous lifestyles, customs, traditions, forms of social organization, use of dress, languages, and dialects, and other cultural practices. (United States

Article VIII. Philosophy, outlook and Article VIII. (Logical conceptions and language) (Linguistic rights) “ Indigenous peoples and language individuals have the right to 1. Indigenous [peoples/populations] have the right to their own preserve and practice their 1. Indigenous peoples have the right to languages, philosophy, and (cosmovision) [logical conceptions] as a component of indigenous language, philosophy, indigenous languages, philosophy and national and universal culture, and as such, the states shall recognize, respect, and outlook as a necessary outlook as a component of national and and promote them, (in consultation with the [peoples/populations] involved.) expression of their distinct culture. universal culture, and as such, shall respect The states shall take appropriate them and facilitate their dissemination. 1. States recognize that indigenous languages, philosophy, and measures to protect the exercise outlook are a component of national and universal culture, and, as such, states of this right.” (Indian Las Resource should respect them and, where appropriate, facilitate their dissemination. (United Center) States) “Indigenous peoples have the right to revitalize, use, develop, and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems, and literature, and to designate and retain their own names for communities, places, and persons.” (National Congress of American Indians - 15 -

2. The states shall take measures and 2. The states shall take measures to promote [and ensure] that “ Where there is a strong ensure that broadcast radio and television radio and television programs are broadcast in the indigenous languages in areas indigenous presence, the states programs are broadcast in the indigenous having a strong indigenous presence, and to support the creation of indigenous shall take measures to ensure that languages in the regions where there is a radio stations and other means of indigenous communications. broadcast radio and television strong indigenous presence, and to support programs are broadcast in the the creation of indigenous radio stations 2. To encourage diversity of voices and viewpoints, states should appropriate indigenous languages. and other media. take appropriate measures under their national systems wherever possible to The state shall also support the facilitate radio and television broadcasts in indigenous languages in regions creation of indigenous radio having large indigenous populations, and to encourage the development of stations and other media.” (Indian indigenous radio stations and other media. (United States) Law Resource Center)

2. The states shall take measures to promote and ensure that indigenous languages are used by radio and television stations in areas having a strong indigenous presence, and to support the creation of indigenous means of communication. (Mexico) 3. The states shall take effective measures 3. The states shall take effective measures to enable indigenous to enable indigenous peoples to understand [peoples/populations] to understand administrative, legal and political rules and administrative, legal and political rules and procedures, and to be understood in relation to these matters. In areas where procedures, and to be understood in indigenous languages predominate, states shall expend the necessary efforts to relation to these matters. In areas where have them established as official languages [and to grant them the same status indigenous languages are predominant, that is accorded to non-indigenous official languages]. states shall endeavor to establish the pertinent languages as official languages 3. States should take measures to enable indigenous and to give them the same status that is [peoples/populations] to understand and to be understood when dealing given to non-indigenous official languages. with laws and administrative, legal, and political procedures. (United States) 4. Indigenous peoples have the right to use their indigenous names, and to have the 3. The states shall take effective measures to enable states recognize them as such. indigenous [peoples/populations] to have full access to state jurisdiction in their own languages. (Mexico)

4. Indigenous [peoples/populations] have the right to use their indigenous names, and to have the states recognize them as such.

Article IX. Education Article IX. Education

1. Indigenous peoples shall be entitled: a) 1. (Taking into consideration the minimum standards set by the to establish and set in motion their own competent state authority, (in countries in which national curricula are in force,) educational programs, institutions and for the national education system,) Indigenous [peoples/populations] shall be facilities; b) to prepare and implement their entitled: (a) to establish and set in motion their own educational programs, - 16 - own educational plans, programs, curricula institutions and facilities; (b) to prepare and implement their own educational and materials; c) to train, educate and plans, programs, curricula, and teaching materials; and (c) to train, educate, and accredit their teachers and administrators. accredit their teachers and administrators, (in consultation with the competent The states shall endeavor to ensure that state authorities and in accordance with applicable education laws and standards). such systems guarantee equal educational [The states shall take steps to ensure that such systems guarantee equal and teaching opportunities for the entire educational and teaching opportunities for the general population as population and complementarity with well as complementarity with the national educational systems.] national educational systems. 1. States should recognize the authority of indigenous [peoples/populations] to (a) establish and operate their own educational programs, institutions, and facilities; (b) to prepare and apply their own educational plans, programs, curricula, and materials; and (c) to train and accredit their own teachers and administrators, provided that indigenous educational programs meet generally applicable minimum state requirements in the field of education. (United States)

2. When indigenous peoples so decide, 2. When indigenous [peoples/populations] so desire, educational educational systems shall be conducted in systems shall be conducted (where practicable) in the indigenous languages and the indigenous languages and incorporate shall incorporate indigenous content, and they shall also be given the necessary indigenous content, and they shall also be training and means for complete mastery of the official language or languages. provided with the necessary training and means for complete mastery of the official 2. Non-discriminatory access to public education is a right language or languages. that should be enjoyed by indigenous individuals in common with other citizens of the State. State-funded education should respect 3. The states shall ensure that those indigenous cultures. (United States) educational systems are equal in quality, efficiency, accessibility and in all other 3. The states shall ensure that those educational systems are equal ways to that provided to the general in quality, efficiency, accessibility and in all other respects to that provided to the population. general population.

4. The states shall include in their general 3. States should take appropriate measures so that, wherever educational systems, content reflecting the possible, indigenous individuals have adequate opportunities to learn their pluricultural nature of their societies. native indigenous language or to receive instruction in that language. (United States) 5. The states shall provide financial and any other type of assistance needed for the Proposal by Canada for a new paragraph: implementation of the provisions of this article. Indigenous children living outside their communities should, where practicable, have access to education in their own culture and language.

4. The states shall include in national general educational systems content reflecting the pluricultural nature of their societies. - 17 -

[5. The states shall provide financial and any other type of assistance needed to implement the provisions of this article, (without prejudice to support for the rest of the population).]

5. States should take appropriate measures to provide resources for these purposes (United States)

Argentina suggests deleting paragraph 5.

Commentary: Canada suggests merging paragraphs 3 and 5 into a single paragraph, which would then read as follows:

“States [shall/should] take effective measures to provide appropriate resources for these purposes.”

Article X. Spiritual and religious freedom Article X.Spiritual and religious freedom “Indigenous peoples and individuals have the right to 1. Indigenous peoples have the right to 1. Indigenous [peoples/populations] have (shall have) the right to freedom of thought, conscience freedom of conscience, freedom of religion freedom of conscience, freedom of religion and spiritual practice, [and to exercise and religion; this right includes and spiritual practice, and to exercise them them both publicly and privately]. freedom to change one’s religion both publicly and privately. or belief, and freedom in public or 1. Indigenous individuals have the right to freedom of private, to manifest their religion thought, conscience, and religion. (United States) or belief in teaching, practice, worship and observance.” (Indian Law Resource Center)

2. The states shall take necessary 2. The states shall take the necessary measures to prohibit attempts to It also proposed that in measures to prohibit attempts to forcibly forcibly convert indigenous [peoples/populations] or to impose on them beliefs paragraph 2 the words “forcibly convert indigenous peoples or to impose on against their will. convert” be replaced by the words them beliefs against their will. “to convert indigenous peoples 2. This right shall include freedom to have or adopt a religion or belief of without their free and informed her or his choice, and freedom, either individually or in community with others consent”. (Indian Law Resource and in public or private, to manifest his religion or belief in worship, observance, Center) practice, and teaching. (United States)

2. Indigenous [peoples/populations] have the right to preserve and practice their religious or philosophical beliefs, the only condition being respect for public order and the full and effective enjoyment by the persons making up - 18 -

those [peoples/populations] of their internationally recognized human rights. States must take the necessary measures to prohibit any attempt to forcibly convert an indigenous [people/population] or to impose on it beliefs or religious practices against its will. (Inter-American Juridical Committee, with amendment by Mexico. English re-translated.)

3. In collaboration with the indigenous 3. In collaboration with the indigenous [peoples/populations] concerned, the "Indigenous peoples and peoples concerned, the states shall adopt states shall (make best efforts to) adopt effective measures to ensure that their individuals have the right to effective measures to ensure that their sacred places, including burial sites, are preserved, respected and protected. maintain and protect their cultural sacred sites, including burial sites, are [When sacred graves and relics have been appropriated by state and religious properties including preserved, respected and protected. When institutions (or private entities), they shall be returned.] sacred sites, relics, graves and the sacred graves and relics have been human remains and articles found appropriated by state institutions, they 3. States shall take appropriate measures, in consultation with the within graves. This includes the shall be returned. indigenous [peoples/populations] concerned, to preserve and protect sites that are right to restitution of religious and sacred to them, including burial sites. States should provide an effective legal cultural property taken without framework for the return of sacred objects, relics, and human remains taken from their free and informed consent or graves or sacred sites.(United States) in violation of their laws, traditions and customs. In collaboration with the indigenous peoples concerned, the states shall adopt effective measures to ensure that such properties are preserved, respected and protected. Where appropriated by state institutions, they shall be returned." (National Congress of American Indians)

4. The states shall encourage respect by all [4. The states shall ensure respect from society as a whole (and people for the integrity of indigenous from institutions) for the integrity of indigenous spiritual symbols, spiritual symbols, practices, sacred practices, sacred ceremonies, expressions and protocols.] ceremonies, expressions and protocols. Mexico suggests deleting this paragraph.

4. States are encouraged to respect the use of sacred and ceremonial areas and to provide for indigenous access to and use of such sites as may be under the management or control of a State. (United States)

Article XI. Family relations and family ties Article XI. Family relations and family ties “In all actions concerning children, the state has a duty to respect the 1. The family is the natural and basic unit 1. The family is the natural and basic unit of societies and must be responsibilities, rights, and duties - 19 - of societies and must be respected and respected and protected by the state. [Consequently, the state shall of parents, or where applicable, protected by the state. Consequently the recognize and respect the various forms of the indigenous (family), the members of the extended state shall recognize and respect the (parental systems), marriage, (assignment of name) family name and family or community as provided various forms of indigenous family, filiation.] for by local customs”. (Indian Law marriage, family name and filiation. Resource Center) 1. The family in all its forms is the natural and fundamental group 2. In determining the child's best interest in unit of society and is entitled to protection by society and the State. (United matters relating to the protection and States) adoption of children of members of indigenous peoples, and in matters of 2. In determining the child’s best interests in matters relating to breaking of ties and other similar the protection and adoption of children of members of indigenous circumstances, consideration shall be given [peoples/populations], and in the severance of ties and other similar by courts and other relevant institutions to circumstances, consideration shall be given by courts and other relevant the views of the peoples, including institutions to the views of the [peoples/populations], including individual, family individual, family and community views. and community views.

2. Consistent with international human rights instruments, States should accord appropriate recognition to indigenous institutions, laws, and traditions concerning the family and the integrity of family relations. (United States)

3. Proposal by Mexico regarding indigenous women pending.

Article XII. Health and well-being Article XII. Health and well-being

1. Indigenous peoples have the right to 1. Indigenous [peoples/populations] have the right to [legal] legal recognition and practice of their [recognition and practice of their traditional medicine, treatment, pharmacology, traditional medicine, treatment, health practices and promotion], including preventive measures and pharmacology, health practices and rehabilitation], (subject to national laws). promotion, including preventive and rehabilitative practices. Argentina suggests that no reference should be made to legal recognition of the practice of their traditional medicine, treatment, pharmacology, health practices and promotion, including preventive measures and rehabilitation.

1. Indigenous [peoples/populations] have the right to practice their traditional medicine, treatment, pharmacology, practical notions, and health promotion, within the framework of existing legislation and the general public health policies of the State. (Mexico and Peru)

1. Indigenous [peoples/populations] are entitled to State recognition of their traditional medical practices, treatment, pharmacology, practical notions and health promotion. (Venezuela) - 20 -

1. States should take appropriate measures to protect the freedom of indigenous individuals to use, maintain, develop, and manage their own health services, provided such services meet the standards of generally applicable laws adopted in the interest of public health and welfare. In addition, indigenous individuals have the right to non-discriminatory access to health services available to the general public. (Unites States) 1. Indigenous peoples preserving traditional forms of social organization, communal governance system, or traditional practices and customs with respect to family, health, education, property, commercial or productive activities, or the prevention and punishment of criminal activities, have the right to preserve and freely exercise such rights, the only condition being respect for public order and the full and effective enjoyment by the persons making up those [peoples/populations] of their internationally recognized human rights. The State must make every reasonable effort, in consultation with the parties concerned, to harmonize and reconcile the effect of these customs with the overall legal system. (Inter-American Juridical Committee)

Proposal by Chile for a new paragraph:

States undertake to seek, in accordance their domestic legislation, ways to make traditional medicine compatible with scientific medicine.

2. Indigenous peoples have the right to the 2. Indigenous [peoples/populations] have the right to protection of protection of vital medicinal plants, animal (live organisms and) (medicinal plants, animals, and) minerals (used for medicinal and mineral in their traditional territories. purposes) that are vital for survival in their traditional territories.

2. States should take reasonable measures to protect from endangerment or extinction medicinal plants and animals that are vital to indigenous medicine. (United States)

2. States shall endeavor to protect medicinal plants, animals, and minerals of indigenous [peoples/populations] in their traditional territories. (Canada)

3. Indigenous peoples shall be entitled to 3. Indigenous [peoples/populations] shall be entitled to use, use, maintain, develop and manage their maintain, develop and manage their own health services, (in accordance with own health services, and they shall also national standards and, on the same footing as other members of society, have access, on an equal basis, to all indigenous individuals shall also have access)and they shall also have access to all health institutions and services and health institutions and services and medical care (accessible to the general - 21 - medical care accessible to the general population). population. 3. Where circumstances so warrant, states, in consultation 4. The states shall provide the necessary with indigenous [peoples/populations], should take measures to improve means to enable the indigenous peoples to health conditions in indigenous societies and assist them to maintain eliminate such health conditions in their health conditions in accordance with nationally and internationally communities which fall below international accepted standards. (United States) accepted standards for the general population. 4. The states shall (make best efforts to) provide the necessary means for indigenous [peoples/populations] to (eliminate) (improve) any health conditions in their communities that fall below the standards accepted for the general population.

Proposal by Brazil for a new paragraph: Indigenous peoples shall be entitled to fair and equitable distribution of the profits generated by commercial exploitation of their traditional know-how. (Brazil)

New paragraph proposed by Bolivia:

Indigenous [peoples/populations] have the right to participate in the use and exploitation of the renewable natural resources in their traditional territories. (Bolivia)

Article XIII. Right to environmental Article XIII. The right to environmental protection protection 1. (States shall make best efforts to provide) Indigenous 1. Indigenous peoples have the right to a [peoples/populations] (have the right to) (with) a safe and healthy environment, safe and healthy environment, which is an which is an essential condition for enjoyment of the right to life and collective well- essential condition for the enjoyment of the being, (and indigenous [peoples/populations] shall also enjoy possession right to life and collective well-being. and use of resources that are not of strategic importance to the State).

1. States should take reasonable measures to ensure that regions inhabited by indigenous [peoples/populations] enjoy the same measure of protection under environmental legislation and through enforcement action as others within the national territory. (United States)

2. Indigenous peoples have the right to be 2. Indigenous [peoples/populations] have the right to be informed informed of measures which will affect their (and consulted) of (regarding) measures which could affect their environment, - 22 - environment, including information that including information ensuring their effective participation in acts and policies ensures their effective participation in which might affect it. actions and policies that might affect it. 2. Indigenous individuals are entitled to nondiscriminatory access 3. Indigenous peoples shall have the right to information on environmental hazards and participation in the development of to conserve, restore and protect their public policy with respect to the environment. (United States) environment, and the productive capacity of their lands, territories and resources. 3. Indigenous [peoples/populations] shall have the right to conserve, restore, (exploit) and protect their environment and the productive 4. Indigenous peoples have the right to capacity of their [lands], [territories] and resources. participate fully in formulating, planning, managing and applying governmental 3. As part of the management of their own lands, indigenous programmes of conservation of their lands, [peoples/populations] may regulate environmental conditions consistent with territories and resources. applicable State standards and may participate in the formulation and implementation of governmental conservation programs undertaken with 5. Indigenous peoples have the right to respect to those lands. (United States) assistance from their states for purposes of environmental protection, and may receive 4. Indigenous [peoples/populations] have the right to full assistance from international organizations. participation in formulating, planning, managing, and applying governmental programs (and policies) for the conservation (and exploitation) of their [lands], [territories], and resources.

4. States are encouraged to take measures to help indigenous [peoples/populations] preserve the environment and should provide them with nondiscriminatory access to generally available programs for purposes of environmental protection. (United States)

4. States shall make best efforts to eliminate such health conditions in indigenous communities which fall below internationally accepted minimum standards. (Canada)

5. Indigenous [peoples/populations] shall have the right to assistance from their states for purposes of environmental protection, and shall be allowed to receive assistance from international organizations, (in accordance with procedures established in national legislation).

6. The states shall prohibit and punish, and 6. The states shall prohibit and punish, and in conjunction with the The National Congress of American shall impede jointly with the indigenous indigenous [peoples/populations], shall impede the introduction, abandonment, or Indians proposed amending Article peoples, the introduction, abandonment, or deposit of radioactive materials or residues, toxic substances and waste material 13, paragraph 6 of the proposed deposit of radioactive materials or residues, in contravention of legal provisions; as well as the production, introduction, declaration by replacing the phrase toxic substances and garbage in transportation, possession or use of chemical, biological and nuclear weapons in “in contravention of legal contravention of legal provisions; as well as indigenous areas. (The Chair proposes including a reference to drug trafficking, provisions” with “unless the free the production, introduction, and the passing on, holding of, or trafficking in chemical precursors.) and informed consent of the - 23 - transportation, possession or use of affected peoples has been chemical, biological and nuclear weapons obtained.” in indigenous areas.

7. When a State declares an indigenous 7. When a state declares an indigenous territory to be a protected “ When the state is giving territory as protected area, any lands, area, and in the case of any [lands], [territories] [under potential or actual consideration to establishing a territories and resources under potential or claim] by indigenous [peoples/populations], as well as [lands] used as natural protected area on or near to an actual claim by indigenous peoples, biopreserves, conservation areas shall not be subject to any natural resource indigenous territory, legally conservation areas shall not be subject to development without the[ informed consent and] (informed) participation of the recognized or under claim, the any natural resource development without [peoples/populations] concerned. state shall obtain the free and the informed consent and participation of informed consent of the affected the peoples concerned. indigenous peoples prior to authorizing or implementing such a proposal. Protected areas shall not be subject to natural resource development without the free and informed consent of the affected indigenous peoples. (National Congress of American Indians)

Indigenous peoples have the right to declare, wholly or in part, their territories as indigenous- owned and managed protected areas and the state shall recognize and respect such decision.” (National Congress of American Indians)

SECTION FOUR. ORGANIZATIONAL AND SECTION FOUR. ORGANIZATIONAL AND POLITICAL RIGHTS Regarding specific POLITICAL RIGHTS proposals for modifying articles of Article XIV. The rights of association, assembly, freedom of expression, the proposed declaration, the Article XIV. Rights of association, assembly, and freedom of thought National Congress of American freedom of expression and freedom of Indians, the Amerindian Peoples thought 1. Indigenous [peoples/populations] have the right of association, Association of Guyana and the assembly, and expression pursuant to their values, usages, customs, ancestral Toledo Maya Cultural Council, and 1. Indigenous peoples have the right of traditions, beliefs, and religions (, in keeping with national law) (and bearing in the Upper Sioux Community by Poi association, assembly and expression in mind the international instruments on the matter). Co proposed changing the first accordance with their values, usages, phrase of paragraph 1 of Article 14 customs, ancestral traditions, beliefs and 1. Indigenous individuals have the right to freedom of to read, “Indigenous peoples and - 24 - religions. association, assembly, opinion, and expression. (United States). individuals.”

2. Indigenous peoples have the right of 2. Indigenous [peoples/populations] have the right of assembly “ Indigenous peoples and assembly and to the use of their sacred and and to the use of their sacred and ceremonial areas, as well as the right to full individuals have the right to the ceremonial areas, as well as the right to full contact and common activities with their members living in the territory of use of their sacred and ceremonial contact and common activities with their neighboring states (, in keeping with state border control regulations). areas as well as the right to members living in the territory of establish and maintain without any neighboring states. 2. In those cases where a single indigenous population is discrimination, free and peaceful established in the territory of two or more states, the latter shall spare contacts with other indigenous no reasonable effort–without prejudice to their public policy, to their peoples and individuals that live in security and defense, or to measures necessary to prevent criminal or the territories of neighboring illicit activities–to preserve communication, cooperation, and traditional states or across state borders.” exchanges among individuals belonging to that indigenous population. (National Congress of American (CJI) Indians, Amerindian Peoples Association of Guyana and the 2. Indigenous peoples have the right of assembly and to the use Toledo Maya Cultural Council, and of their sacred and ceremonial areas, subject to the existing rights of third the Upper Sioux Community) parties. They also have the right to maintain and develop contacts, relations and undertake activities with their members, and with other indigenous peoples, across borders, which may be subject to reasonable and non-discriminatory customs and immigration regulation. (Canada)

2. Indigenous individuals have the right to full contact and common activities with sectors and members of their ethnic groups living in the territory of neighboring states, subject to the nondiscriminatory enforcement of customs and immigration laws. (United States)

Article XV. Right to self government Article XV. [The right to self government] “ Indigenous peoples have the right to self-determination. By 1. Indigenous peoples have the right to 1. [Indigenous [peoples/populations] have the right to virtue of that right they freely freely determine their political status and freely determine (their traditional forms of communal association) determine their political status and - 25 - freely pursue their economic, social, (their political status) and freely pursue their economic, social, freely pursue their economic, spiritual and cultural development , and spiritual, and cultural development, and are therefore entitled to social, spiritual and cultural accordingly, they have the right to (participate in managing their specific institutions) [autonomy or self- development. As a specific form autonomy or self-government with regard government] with regard, inter alia, to culture, religion, education, of exercising their right to self- to inter alia culture, religion, education, information, media, health, housing, employment, social welfare, determination, have the right to information, media, health, housing, economic activities, land and resource management, the environment autonomy and self-government employment, social welfare, economic and entry by nonmembers; and to determine ways and means for with regard to inter alia culture, activities, land and resource management, financing these autonomous functions.] religion, education, information, the environment and entry by 1. States should recognize, where appropriate and on the basis of media, health, housing, nonmembers; and to determine ways and a fair and open process, a broad range of autonomy for indigenous employment, social welfare, means for financing these autonomous [peoples/populations] to manage their local and internal affairs, including social, economic activities, land and functions. economic, and cultural matters. States are encouraged to utilize indigenous resources management, the [peoples/populations] to deliver social and economic services to indigenous environment and entry by non- societies. (United States). members; and to determine ways and means for financing these * Note from the Chair: This question (paragraph 1) depends upon autonomous functions.” (National what is decided regarding the section on definitions. Congress of American Indians, Amerindian Peoples Association of Guyana and the Toledo Maya Cultural Council, and the Upper Sioux Community)

2. Indigenous peoples have the right to 2. Indigenous [peoples/populations] have the right to participate participate without discrimination, if they without discrimination, if they so decide, in decision-making, at all levels, so decide, in all decision-making, at all concerning matters which might affect their rights, lives, and destiny. They may levels, with regard to matters that might do so directly or through representatives chosen by them pursuant to their own affect their rights, lives and destiny. They procedures. They shall also have the right to maintain and develop their own may do so directly or through indigenous decision-making institutions, as well as equal opportunities to gain representatives chosen by them in access to, and participate in, all national institutions and fora. accordance with their own procedures. They shall also have the right to maintain 2. Indigenous individuals have the right to participate on an equal and develop their own indigenous decision- basis with other citizens in all national fora, including local, provincial, and making institutions, as well as equal national elections. Where a state's policy, decision, or action will have a direct opportunities to access and participate in effect on indigenous property, rights, or other interests, states are encouraged all state institutions and fora. to provide indigenous people [peoples/populations] or their representatives the opportunity to be heard on the subject. (United States) - 26 -

Article XVI. Indigenous Law Article XVI. Indigenous law

1. Indigenous law shall be recognized as a 1. Indigenous law shall be recognized as a part of [the states' part of the states' legal system and of the legal systems and] the framework in which the states’ social and economic framework in which the social and development takes place. economic development of the states takes place. 1. The law of indigenous [peoples/populations] shall be recognized as part of the legal systems, framework for social and economic development, and pluralism of states. (Mexico)

1. Indigenous law shall be recognized as an integral part of state legal systems and the framework for social and economic development of indigenous [peoples/populations]. (United States)

1. Indigenous law shall be taken into account when decisions involving indigenous [peoples/populations] are adopted. (Argentina)

1. The law of indigenous [peoples/populations] shall be recognized as part of the legal system and framework for economic and social development of each state, as long as that system and that framework are not incompatible with the fundamental rights defined by the national legal system or with internationally recognized human rights. (Guatemala)

2. Indigenous peoples have the right to 2. Indigenous [peoples/populations] have the right to maintain and “ The official decisions, maintain and reinforce their indigenous reinforce their (legal) (regulatory) systems and to apply them to affairs within rulings and actions of legal systems and also to apply them to their communities, including systems addressing such matters as conflict indigenous institutions shall be matters within their communities, including resolution, crime prevention, and the maintenance of peace and harmony. fully recognized, honored and systems related to such matters as conflict enforced by the institutions of resolution, crime prevention and 2. States, where appropriate, should take measures to enhance the the state.” (National Congress of maintenance of peace and harmony. capacity of indigenous [peoples/populations] to maintain and strengthen their American Indians, Amerindian own legal systems with respect to internal matters, including control of real Peoples Association of Guyana and property and natural resources, resolution of disputes within and between the Toledo Maya Cultural Council, indigenous [peoples/populations], law enforcement, and maintenance of internal and the Upper Sioux Community) peace and harmony. (United States) - 27 -

3. In the jurisdiction of any state, * Note: The United States proposal is intended to consolidate paragraphs procedures concerning indigenous peoples 2 and 3. or their interests shall be conducted in such a way as to ensure the right of indigenous 3. In the jurisdiction of each state, procedures involving peoples to full representation with dignity indigenous persons or their interests shall be conducted in such a way as to and equality before the law. This shall ensure the right of indigenous [peoples/populations] to full representation with include observance of indigenous law and dignity and equality before the law. [This (may) (shall) include observance of custom and, where necessary, use of their indigenous law and customs and, where necessary, (in criminal proceedings,) language. (the use of) their language (through interpretation). Venezuela proposes that the second part of the paragraph be deleted.

Article XVII. National incorporation of Article XVII. (National incorporation of indigenous legal and organizational Finally, regarding Article indigenous legal and organizational systems) (Right of access of indigenous peoples to state 17, they noted that paragraph 2 systems jurisdiction) (Incorporation of traditional practices of should also ensure that “no indigenous populations in national institutions) decisions directly relating to 1. The states shall facilitate the inclusion in their rights and interests are their organizational structures, the 1. The states shall facilitate the (incorporation) (inclusion), where taken without their free and institutions and traditional practices of practicable, of the institutions and traditional practices of indigenous informed consent.” (.” (National indigenous peoples, and in consultation and [peoples/populations] in their (national) (organizational) structures, in Congress of American Indians, with consent of the peoples concerned. consultation with, and subject to the consent of, the [peoples/populations] Amerindian Peoples Association of concerned. Guyana and the Toledo Maya 2. State institutions relevant to and serving Cultural Council, and the Upper indigenous peoples shall be designed in 1. The states should facilitate inclusion within their national Sioux Community) consultation and with the participation of organizational structures, wherever appropriate, of institutions and traditional the peoples concerned so as to reinforce practices of indigenous [peoples/populations]. (United States) and promote the identity, cultures, traditions, organization and values of those 2. The relevant institutions in each state which serve indigenous peoples. [peoples/populations] should be designed in consultation with, and with the participation of, the [peoples/populations] concerned, so as to reinforce and promote the identity, cultures, traditions, organization, and values of those [peoples/populations].

2. The institutions of each state shall be designed or updated in consultation with indigenous [people/populations], thereby guaranteeing their access to state jurisdiction. (Mexico)

2. States are encouraged in predominantly indigenous areas to facilitate the design and establishment of institutions that reflect and reinforce the identity, culture, and organization of those populations, to promote indigenous participation. (United States) - 28 -

SECTION FIVE. SOCIAL, ECONOMIC SECTION FIVE. SOCIAL, ECONOMIC, AND PROPERTY RIGHTS “Their lands, territories and natural AND PROPERTY RIGHTS resources [delete ‘on their lands’] Article XVIII. Traditional forms of property ownership [and cultural survival]. including the ability to use, Article XVIII. Traditional forms of ownership The rights to land and territories develop, manage and conserve and cultural survival. Rights to land, such lands, territories and territories 1. Indigenous [peoples/populations] have the right to legal recognition of resources; and with respect to and resources their varied and specific forms and modes of possession, control, and enjoyment of traditional uses of their lands, [territories and] property (, on the basis of each state's legal system). territories and resources such as 1. Indigenous peoples have the right to the subsistence.” (National Congress legal recognition of their varied and specific 1. States should respect the culture and values of of American Indians, Upper Sioux forms and modalities of their control, indigenous [peoples/populations] and the special relationship between Community, Ameridian People ownership, use and enjoyment of territories indigenous societies and their lands and interests in their lands, Association of Guyana and the and property. including traditional uses such as subsistence farming. (USA) Toledo Maya Cultural Council)

2. Indigenous peoples have the right to the 1. Indigenous [peoples/populations] have the right to legal recognition of their property and ownership recognition of their collective and individual possession, their control, and their rights with respect to lands, territories and enjoyment of their lands, as provided under the law of each state, as well as resources they have historically occupied, the use of those to which they also have had access for their traditional activities as well as to the use of those to which they and livelihood. (Mexico; this text would combine paragraphs 1 and 2.) have historically had access for their 2. (In accordance with applicable national law,) Indigenous traditional activities and livelihood. [peoples/populations] are entitled to recognition of their property and ownership rights with respect to lands, territories, and resources they have (traditionally) 3. i) Subject to 3.ii.), where property and (historically) occupied, and to the use of those to which they also have had access user rights of indigenous peoples arise from for their traditional activities and livelihood. rights existing prior to the creation of those states, the states shall recognize the titles 2. States should recognize forms of corporate ownership of of indigenous peoples relative thereto as land that reflect indigenous land tenure systems. (USA) permanent, exclusive, inalienable, imprescriptible and indefeasible. 2. In accordance with specific national law, indigenous [peoples/populations] have the permanent, exclusive, inalienable, imprescriptible, ii) Such titles may only be changed by indefeasible, and nontransferrable right of possession, ownership, and use of lands mutual consent between the state and they traditionally occupy and of lands to which they traditionally have had access respective indigenous peoples when they for their traditional activities and livelihood. (Brazil; this text would combine have full knowledge and appreciation of the paragraphs 2 and 3) nature or attributes of such property. 3. i. Subject to the contents of 3.ii., when property and user iii) Nothing in 3.i.) shall be construed as rights of indigenous [peoples/populations] arise from rights existing prior to the limiting the right of indigenous peoples to creation of those states, the states shall recognize the titles of indigenous attribute ownership within the community [peoples/populations] relative thereto as permanent, exclusive, inalienable, in accordance with their customs, imprescriptible, and indefeasible. traditions, uses and traditional practices, nor shall it affect any collective community ii. Such titles may be changed only by mutual consent rights over them. between the state and the indigenous [peoples/populations] involved and when - 29 -

the latter have full knowledge and understanding of the nature or attributes of 4. Indigenous peoples have the right to an such property. effective legal framework for the protection of their rights with respect to the natural iii. Nothing in 3.i. shall be construed as limiting the right of resources on their lands, including the indigenous [peoples/populations] to attribute ownership within the community in ability to use, manage, and conserve such accordance with their customs, traditions, usages, and traditional practices, nor resources; and with respect to traditional shall it affect any collective community rights thereto. uses of their lands, interests in lands, and resources, such as subsistence. 4. Indigenous [peoples/populations] have the right to an effective legal framework for the protection of their rights with respect to the natural resources on their lands, including the ability to use, manage, and conserve such resources, and with respect to traditional uses of their lands and their interest in lands and resources, such as subsistence items.

4. States should provide an effective legal framework for the protection of the rights of indigenous [peoples/populations] with respect to their natural resources on their lands, including the ability to use, manage, and conserve such resources, … such as subsistence. (USA)

5. In the event that ownership of the 5. [In the event that subsoil minerals or subsoil resources “ Indigenous peoples have the minerals or resources of the subsoil belong to the state, or that the state has rights to other resources on the right to determine and develop pertains to the state or that the state has lands, the states shall establish or maintain procedures for the priorities and strategies for rights over other resources on the lands, participation of the [peoples/populations] concerned in determining the development or use of the governments must establish or whether their own interests would be adversely affected, and to what their lands. Territories and maintain procedures for the participation of extent, before undertaking or authorizing any program for prospecting, other resources, including the the peoples concerned in determining planning, or exploiting the resources existing on their lands. The right to require that states obtain whether the interests of these people [peoples/populations] concerned shall participate in the benefits of such their free and informed consent would be adversely affected and to what activities[[, and shall receive compensation, on a basis no less favorable prior to the approval of any project extent, before undertaking or authorizing than the standard sum under international law,] for any loss they may affecting their lands, territories and any program for planning, prospecting or sustain as a result of such activities]]. Argentina proposes that the last other resources, particularly in exploiting existing resources on their lands. part of the paragraph be deleted. connection with the development, The peoples concerned shall participate in utilization or exploitation of the benefits of such activities, and shall Venezuela proposes that the entire paragraph be deleted. Brazil mineral, water or other resources, receive compensation, on a basis not less proposes that the reference to compensation on a basis no less favorable compensation shall be provided for favorable than the standard of international than the standard sum under international law be deleted. any such activities and measures - 30 - law for any loss which they may sustain as taken to mitigate adverse a result of such activities. 5. In situations in which the state retains the ownership of mineral environmental, economic, social, or subsurface resources or rights to other resources pertaining to lands held by cultural or spiritual impact.” indigenous societies, states should establish procedures to consult with them (National Congress of American before undertaking or authorizing any program for exploiting such resources. Indians, Upper Sioux Community, Where possible, indigenous [peoples/populations] should benefit from these Ameridian People Association of activities and receive just compensation for any damages sustained as a result. Guyana and the Toledo Maya (USA) Cultural Council)

6. Unless exceptional and justified 6. Unless exceptional circumstances so warrant in the public “ Indigenous peoples shall not be circumstances so warrant in the public interest, the states shall not transfer or relocate indigenous [peoples/populations] forcibly removed from their lands interest, the states shall not transfer or without the free, genuine, public, and informed consent of those or territories. No relocation shall relocate indigenous peoples without the [peoples/populations]; [and in all cases with prior compensation and] prompt take place without the free and free, genuine, public and informed consent replacement of lands appropriated, which must be of similar or better quality and informed consent of the indigenous of those peoples, but in all cases with prior have the same legal status; and guaranteeing the right to its return if the causes people concerned and after compensation and prompt replacement of that gave rise to the displacement cease to exist. agreement on just and fair lands taken, which must be of similar or 6. States are encouraged to avoid relocation of indigenous compensation and, where possible, better quality and which must have the societies. As a general matter, the free and informed consent of indigenous with the option of return.” same legal status; and with guarantee of [peoples/populations] should be obtained before they are removed from their (National Congress of American the right to return if the causes that gave lands. Where such consent cannot be obtained, such removals should take place Indians, Upper Sioux Community, rise to the displacement cease to exist. only in exceptional circumstances following appropriate procedures Ameridian People Association of established by national laws and regulations. When indigenous Guyana and the Toledo Maya [peoples/populations] have been removed from their lands, they should be given Cultural Council) the opportunity to return should the reasons for their relocation cease to exist. (USA).

7. Indigenous peoples have the right to the 7. [Indigenous [peoples/populations] have the right to “They shall be provided with lands restitution of the lands, territories and restitution of the lands, territories, and resources which they have of equal value and quality, and if resources which they have traditionally traditionally owned or otherwise occupied or used, and which have been this is not possible, the affected owned or otherwise occupied or used, and confiscated, occupied, used, or damaged; or, when restitution is not people (s) has the right to which have been confiscated, occupied, possible, the right to compensation on a basis no less favorable than the compensation on a basis not less used or damaged, or when restitution is not standard set by international law .] Argentina, seconded by Venezuela, favorable tan the standard of possible, the right to compensation on a and Brazil proposes that this paragraph be deleted. International Law.” (National basis not less favorable than the standard Congress of American Indians, of international law . Upper Sioux Community, Ameridian People Association of Guyana and the Toledo Maya Cultural Council). Empty The United States proposes four new paragraphs:

States should respect the physical security of indigenous [peoples/populations]. During periods of armed conflict, states may require the - 31 -

total or partial evacuation of indigenous people if the security of the population or imperative military reasons so demand.

States should protect the right of indigenous individuals to own, develop and enjoy land, and interests in land, to the same extent as other individuals.

States should protect indigenous individuals and [peoples/populations] in the use and occupancy of their land. If their land is taken by the state, it should be for a public purpose and just compensation should be provided. States should consider the possibility of negotiated settlements, including the return of land as appropriate, when not otherwise required by law.

States should establish penalties and enforcement mechanisms to protect the lands of indigenous individuals and [peoples/populations] from unauthorized intrusions and uses.

8. The states shall take all measures, 8. The states shall take all possible measures [including the use including the use of law enforcement of law enforcement mechanisms], to avert, prevent, and punish, when mechanisms, to avert, prevent and punish, applicable, any intrusion on or use of those lands by unauthorized persons in order if applicable, any intrusion or use of those to take possession or make use thereof. [The states shall place maximum lands by unauthorized persons to take priority on the demarcation and recognition of properties and areas of possession or make use of them. The states indigenous use.] shall give maximum priority to the demarcation and recognition of properties and areas of indigenous use.

Article XIX. Workers rights Article XIX. Workers' rights

1. Indigenous peoples shall have the right 1. Indigenous [peoples/populations] shall be entitled to full to full enjoyment of the rights and enjoyment of the rights and guarantees recognized under international labor law guarantees recognized under international and domestic labor law (which have been recognized by the states); and to special labor law and domestic labor law; they shall measures to correct, redress, and prevent the discrimination to which they (might also have the right to special measures to be subjected) (have historically been subjected). correct, redress and prevent the discrimination to which they have 1. Indigenous individuals have the right not to be subjected to historically been subject. any discriminatory conditions of labor, employment, salary, or other related benefits. (USA)

Proposal by Canada: - 32 -

Indigenous individuals shall enjoy fully all rights established under applicable international and national labor law. States should take immediate and effective measures to ensure that indigenous children are protected from the worst forms of child labor.

Indigenous individuals have the right not to be subjected to any discriminatory conditions of labor, employment, or salary.

2. To the extent that they are not 2. To the extent to which they are not effectively protected by laws effectively protected by laws applicable to applicable to workers in general, the states shall take such special measures as workers in general, the states shall take may be necessary to: such special measures as may be necessary to: a. effectively protect workers and employees who are members of indigenous communities in regard to fair and equal hiring and terms of a. effectively protect the workers and employment; employees who are members of indigenous communities in respect of fair and equal b. improve the labor inspection and enforcement service in hiring and terms of employment; regions, companies, or paid activities involving indigenous workers or employees; b. to improve the labor inspection and enforcement service in regions, companies c. ensure that indigenous workers: or paid activities involving indigenous workers or employees; i. enjoy equal opportunity and treatment as regards all conditions of employment, job promotion and advancement; and other conditions as c. ensure that indigenous workers: stipulated under international law; i) enjoy equal opportunity and treatment as ii. enjoy the right of association (for lawful purposes), the freedom regards all conditions of employment, job to engage in all (lawful) trade union activities, and the right to enter into collective promotion and advancement; and other agreements with employers or with workers’ organizations; conditions as stipulated under international iii. are not subjected to racial, sexual, or other forms of harassment; law; iv. are not subjected to coercive hiring practices, including ii) enjoy the right to association and servitude for debts or any other form of servitude, even if they are based on law, freedom for all lawful trade union activities, custom, or an individual or collective arrangement, which shall be deemed and the right to conclude collective absolutely null and void in each instance; agreements with employers or employers' organizations; v. are not subjected to working conditions that endanger their health and personal safety; and iii) are not subjected to racial, sexual or other forms of harassment; vi. receive special protection when they serve as seasonal, casual, or migrant workers, and also when they are hired by labor contractors, so that iv) are not subjected to coercive hiring they will benefit from national law and practice, which must itself be consistent - 33 -

with established international human rights standards for this type of worker; and practices, including servitude for debts or any other form of servitude, even if they vii. that their employers are also made fully aware of the rights of have their origin in law, custom or a indigenous workers, pursuant to national law and international standards, and of personal or collective arrangement, which the resources and means available to them for the protection of those rights. shall be deemed absolutely null and void in each instance; 2. Indigenous individuals should have the right to special v) are not subjected to working conditions measures, where circumstances so warrant, to correct, redress, and prevent the that endanger their health and safety; discrimination to which they may have been subject historically. (USA) vi) receive special protection when they serve as seasonal, casual or migrant workers and also when they are hired by labor contractors in order that they benefit from national legislation and practice which must itself be in accordance with established international human rights standards in respect of this type of workers, and, vii) as well as their employers are made fully aware of the rights of indigenous workers, under such national legislation and international standards, and of the recourses available to them in order to protect those rights.

Article XX. Intellectual property rights Article XX. Intellectual property rights

1. Indigenous peoples have the right to the 1. Indigenous [peoples/populations] have the right to the recognition and the full ownership, control recognition and full ownership, control, and protection of their cultural, artistic, and protection of their cultural, artistic, spiritual, technological, and scientific (and biogenetic) heritage, and legal spiritual, technological and scientific protection of their intellectual property through patents, trademarks, copyright, heritage, and legal protection for their and other such procedures as established under domestic law; [as well as to intellectual property through trademarks, special measures which ensure them legal status and institutional patents, copyright and other such capacity to develop, use, share, market, and bequeath that heritage to procedures as established under domestic future generations]. Venezuela proposes that the last section be law; as well as to special measures to deleted; Mexico seconds the motion. ensure them legal status and institutional capacity to develop, use, share, market and 1. Indigenous individuals are entitled to apply for and bequeath that heritage to future receive, on a non-discriminatory basis, legal protection for their generations. intellectual property through trademarks, patents, copyright, and other - 34 -

such procedures as established under domestic law. (USA)

1. Indigenous populations and their members shall have the right to benefit from the intellectual property rights system under the same terms as the general population. The state shall spare no reasonable effort to protect the intellectual property rights of the indigenous population and its members and to prevent third parties from using an indigenous population's lack of familiarity with intellectual property rights to their own advantage. (CJI)

2. Indigenous peoples have the right to 2. Indigenous [peoples/populations] have the right to control and control, develop and protect their sciencies develop their sciences (and) technologies (and genetic resources), including their and technologies, including their human human and genetic resources [in general, seeds, medicine, knowledge of and genetic resources in general, seed, plant and animal life, and original designs and procedures] (in keeping medicine, knowledge of plant and animal with applicable national law). Mexico proposes that all the text in square brackets life, original designs and procedure. be deleted.

3. The states shall take appropriate 3. The states shall take appropriate measures to ensure the measures to ensure participation of the participation of indigenous [peoples/populations] in determining the rights cited in indigenous peoples in the determination of paragraphs 1 and 2. the conditions for the utilization, both public and private, of the rights listed in the previous paragraphs 1. and 2. Article XXI. Right to development Article XXI. (The right to development) (Economic development)

1. The states recognize the right of 1. The states recognize the right of indigenous indigenous peoples to decide [peoples/populations] to decide (autonomously) [democratically] what values, democratically what values, objectives, objectives, priorities, and strategies will (guide) (govern and orient) the course of priorities and strategies will govern and their development [, even when these differ from those adopted by the steer their development course, even state at the national level or by other segments of society]. Indigenous where they are different from those [peoples/populations] shall be entitled to obtain, without discrimination of any adopted by the national government or by kind, appropriate means for their own development [according to their preferences other segments of society. Indigenous and values; and to contribute in their own ways, as distinct societies, to national peoples shall be entitled to obtain on a development and international cooperation.] non-discriminatory basis appropriate means for their own development 1. States should take reasonable measures to consult with according to their preferences and values, indigenous [peoples/populations] when considering public policies for and to contribute by their own means, as the economic development of indigenous lands or regions, or programs distinct societies, to national development that will affect the living conditions or other legitimate interests of and international cooperation. such societies. (USA)

2. Unless exceptional circumstances so 2. Unless exceptional circumstances so warrant in the public warrant in the public interest, the states interest, the states shall take the necessary measures to ensure that decisions - 35 - shall take necessary measures to ensure regarding any plan, program, or proposal affecting the rights or living conditions of that decisions regarding any plan, program indigenous [peoples/populations] are not made without the free and informed or proposal affecting the rights or living [consent and] participation of those [peoples/populations]; that their preferences conditions of indigenous peoples are not are recognized; and that no provision which might have negative effects on those made without the free and informed [peoples/populations] is adopted. consent and participation of those peoples, that their preferences are recognized and that no such plan, program or proposal that could have harmful effects on those peoples is adopted.

3. Indigenous peoples have the right to 3. [Indigenous [peoples/populations] have the right to restitution or compensation no less restitution or compensation, no less favorable than the standard under favorable than the standards of international law, for any loss caused them by the execution of those international law, for any loss which, plans or proposals despite the foregoing precautions; and to the despite the foregoing precautions, the adoption of measures to mitigate adverse ecological, economic, social, execution of those plans or proposals may cultural, or spiritual effects.] Argentina proposes that this paragraph be have caused them; and measures taken to deleted; Brazil seconds the motion. mitigate adverse environmental, economic, social, cultural or spiritual impact. - 36 -

SECTION SIX. GENERAL PROVISIONS SECTION SIX. GENERAL PROVISIONS “ Indigenous peoples have the right to the recognition, Article XXII. Treaties, Acts, agreements and Mexico suggests deleting the whole of this section. observance, and enforcement of constructive arrangements treaties, agreements, and other [Article XXII. Treaties, acts, agreements and constructive arrangements constructive arrangements that Indigenous peoples have the right to the may have been concluded with recognition, observance and enforcement Indigenous [peoples/populations] have the right to the recognition, states or their successors, of treaties, agreements and constructive observance, and enforcement of valid treaties, agreements, and other according to their spirit and original arrangements, that may have been arrangements that may have been concluded with states or their successors, as intent; and to have states honor concluded with states or their successors, well as [historical acts], according to their spirit and intent; and to have states and respect such treaties, as well as historical Acts in that respect, honor and respect such treaties, agreements, and constructive arrangements as agreements, and arrangements. according to their spirit and intent, and to well as the [historical rights] emanating from those instruments. [Conflicts and [Conflicts and disputes which have states honor and respect such disputes which cannot otherwise be settled shall be submitted to the cannot otherwise be settled shall be treaties, agreements and constructive competent domestic bodies.]] submitted to the international arrangements as well as the rights competent bodies by all the parties emanating from those historical States should take all necessary steps under domestic law to implement involved.” (Darwin Hall, a instruments. Conflicts and disputes which obligations to indigenous [peoples/populations] under treaties and other representative of indigenous cannot otherwise be settled should be agreements negotiated with them and, where appropriate, to establish procedures populations) submitted to competent bodies. for resolving grievances arising under such treaties and agreements in accordance with principles of equity and justice. (United States)

Indigenous[peoples/populations] are entitled to recognition, respect, and application of the treaties, agreements, and any other arrangements they might have made with the States or their successors, in the spirit and intention with which they were concluded, and to take steps to ensure that they are respected and complied with by the States. (Brazil. Original text: Portuguese)

Article XXIII Article XXIII

Nothing in this instrument shall be Nothing in this instrument shall be construed as excluding or limiting construed as diminishing or extinguishing existing or future rights which indigenous [peoples/populations] may have or existing or future rights indigenous peoples acquire. may have or acquire. Nothing in this declaration should be construed as diminishing or extinguishing rights of indigenous individuals or [peoples/populations]. (United States)

Article XXIV Article XXIV

The rights recognized herein constitute the The rights recognized herein constitute the minimum standards for the - 37 -

minimum standards for the survival, dignity survival, dignity and well-being of the indigenous [peoples/populations] of the and well-being of the indigenous peoples of Americas. the Americas.

Article XXV Article XXV

Nothing in this instrument shall be Nothing in this instrument shall be construed as granting any rights to construed as granting any rights to ignore ignore boundaries between states. boundaries between states.

Article XXVI [Article XXVI

Nothing in this Declaration may be Nothing in this Declaration implies or may be construed as permitting construed as permitting any activity any activity contrary to the purposes and principles of the Organization of contrary to the purposes and principles of American States, including sovereign equality, territorial integrity and political the OAS, including sovereign equality, independence of states.] territorial integrity and political independence of states. Brazil and Mexico suggest deleting Article XXVI.

Article XXVII. Implementation [Article XXVII. Implementation

The Organization of American States and The Organization of American States and its organs, agencies, and its organs, organisms and entities, in entities–in particular the Inter-American Indian Institute, the Inter-American particular the Inter-American Indian Commission of Human Rights–shall promote respect for, and full application of, Institute, the Inter-American Commission of the provisions of this Declaration.]] Human Rights shall promote respect for Argentina, Brazil, and Mexico suggest eliminating this article. and full application of the provisions in this Declaration. New paragraph proposed by Brazil:

“The nature and scope of the measures to be taken to comply with this Declaration shall be determined flexibly, taking into account the particular circumstances of each country.”

08a2c04e045a9b0784a6325d0e540dbb.doc - 38 -

08a2c04e045a9b0784a6325d0e540dbb.doc

Load more

  40

Copy Link